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Rabiu v. Goje

YUSUF RABIU

V

ADO GOJE

COURT OF APPEAL

( KADUNA DIVISION )

RABIU D. MUHAMMAD, JCA ( Presided and Read the Lead Judgment )

VICTOR AIMEPOMO OYELEYE OMAGE, JCA

JOSEPH JEREMIAH UMOREN, JCA

CA/K/41/99

THURSDAY, 21ST MARCH, 2002

APPEAL - Decision of Upper Area Court - Appeal therefrom - Whether Court of Appeal can entertain

COURT - Decision of Upper Area Court - Appeal therefrom - Whether

Court of Appeal can entertain

COURT - When a court is competent

JUDGMENT AND ORDERS - Nullity - Court declaring trial a nullity Respective effects of on both criminal and civil trial

JUDGMENT AND ORDERS - Retrial order - When made PRACTICE AND PROCEDURE - Retrial - When ordered

Issue:

Whether the High Court was right to have dismissed the appellant’s appeal and affirmed the decision of the Upper Area Court, after declaring the trial before the Area Court a nullity for lack of jurisdiction.

Facts:

The land in dispute in this suit is located in Jibia district, while the suit of the plaintiff herein was initially commenced in Jibia Area Court. The plaintiff was dissatisfied with the judgment of the said Area Court and reinstituted the suit for recovery of the same law in Area Court 3 Magajin Gari Katsina district.  At the conclusion of trial, the Area Court 3 allowed the claim of the plaintiff.  The defendant appealed to the Upper Area Court 3 .  The Upper Area Court 3 ruled against the plaintiff and granted the farm land to the respondent while setting aside the decision of the Area Court on three grounds namely that the Area Court 3 had no territorial jurisdiction over the land in dispute; the plaintiff failed to prove his claim and the matter had been previously determined in Jibia Area Court.

Dissatisfied, the plaintiff appealed to the High Court which also dismissed the appeal.  The plaintiff further appealed to the Court of Appeal.